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Pine 43 Apartments Phase 1 Sewer and Water Main Easement No. 1 (2021-071648) ADA COUNTY RECORDER Phil McGrane 2021-071648 BOISE IDAHO Pgs=7 CHE FOWLER 05/05/2021 10:15 AM CITY OF MERIDIAN, IDAHO NO FEE Project Name(Subdivision): Pine 43 Apartments Phase 1 Sanitary Sewer,&Water Main Easement Number: 1 Identify this Easement by sequential number if Project contains more than one easement of this type. (See Instructions for additional information). SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 4th day of May 2021 between Daniel Burrell ("Grantor") and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was-placed there in violation of this easement. Sanitary Sewer and Water Main Easement REV.01/01/2020 i THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WH REOF, the said parties of the first part have hereunto subscribed their signatures the da a d year first herein above written. GRA OR: l GI&0 � STATE OF } County of }kln � ss This record was acknowledged before me on (date) by D 0 yl i e l ga t 1 (name of individual), [complete the following if signing in a representative capacity, or• strike the following if sighing in an individual capacity] on behalf of Pt4�ent b eys I .6name of entity on behalf of whom record was executed), in the following representative capacity: W&M V)fV- (type of authority such as officer or trustee) (stamp) P CANDACE AMELIA HUFFMAN Notary Public Notary Signature State of Colorado Notary ID#20134001,410 My Commission Expires: y— M- EOV MY Commission ExPires04-12-2021 Sanitary Sewer and Water Main Easement REV.01/01/2020 Item#7. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 5-4-2021 Attest by Chris Johnson, City Clerk 5-4-2021 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 5-4-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: 3-28-2022 Page 136 Sanitary Sewer and Water Main Easement REV.01/01/2020 Item#7. .31Ml ® THE MAP N G ('J•U•� LAN MAPPING _ T GROUP INC.NfC. J•U•O ENGINEERS,INC. J-U-B FAMILY OF COMPANIES EXHIBIT"A" PINE 43 APARTMENTS CITY OF MERIDIAN WATER&SEWER EASEMENT No. 1 LEGAL DESCRIPTION That portion of the Northwest Quarter of Section 8,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, more particularly described as follows: Commencing at the center quarter corner of Section 8,Township 3 North, Range 1 East, Boise Meridian, from which the north quarter corner of said Section 8 bears North 00°30'07" East, 2,653.05 feet;Thence North 30°40'17" West, 1,347.96 feet along a random line to the easterly right-of way line of N. Webb Way as described in that Warranty Deed to Ada County Highway District recorded under Instrument No. 2019-037052,Ada County Records and the POINT OF BEGINNING; Thence S 63°29'52" E, 36.08 feet departing from said easterly right-of-way line; Thence S 67°06'38" E, 71.94 feet; Thence N 22°53'22" E, 11.51 feet; Thence S 67°06'38" E, 10.00 feet; Thence S 22°53'22" W, 11.51 feet; Thence S 67°06'38" E,43.10 feet; Thence N 89°59'40" E,43.44 feet; Thence North, 166.97 feet; Thence N 34°06'04" E, 14.22 feet; Thence N 55°53'56" W, 37.73 feet; Thence N 34°06'04" E, 10.00 feet; Thence S 55°53'56" E, 37.73 feet; Thence N 34°06'04" E, 31.75 feet; Thence East, 15.93 feet; Thence N 00°00'09" E, 7.71 feet; Thence S 89°59'51" E, 10.00 feet; Thence S 00°00'09" W, 7.71 feet; Thence East, 12.36 feet; Thence North, 17.75 feet; Thence East, 10.00 feet; Thence South, 17.75 feet; Thence East, 96.59 feet; Thence North, 160.96 feet; Thence West, 75.95 feet; Thence North, 28.61 feet; Thence East, 10.00 feet; Thence South, 18.61 feet; Thence East, 85.00 feet; Thence South, 10.00 feet; Thence West, 9.05 feet; Thence South, 111.60 feet; April 15,2021 20018_P43_Apts_COM_Water_Sewer_Esmnt_Legal_Desc.docx Pagel of 2 2760 West Excursion Lane,Suite 400,Meridian,ID 83642-5313 `' www.oub.com P 208.376.7330 page 137 Item#7. l NUB M THE GAYEYYAY "LANE YAPPING GROUP INC. .1•U•S ENGINEERS.INC. J-U-B FAMILY OF COMPANIES Thence East, 35.05 feet; Thence South, 10.00 feet; Thence West, 35.05 feet; Thence South, 61.36 feet; Thence West, 143.21 feet; Thence S 34°06'04" W, 37.55 feet; Thence South, 160.22 feet; Thence N 89°59'40" E, 289.97 feet; Thence S 00°00'20" E, 22.00 feet; Thence S 89°59'40" W, 6.29 feet; Thence S 00°00'20" E, 8.72 feet; Thence S 89°59'40" W, 10.00 feet; Thence N 00°00'20" W,8.72 feet; Thence S 89°59'40" W, 11.13 feet; Thence South, 33.79 feet; Thence West, 10.00 feet; Thence North, 33.79 feet; Thence S 89°59'40" W, 322.44 feet; Thence N 67°06'38" W, 33.59 feet; Thence S 22°53'22" W, 52.54 feet; Thence N 67°06'38" W, 10.00 feet; Thence N 22°53'22" E, 25.55 feet; Thence N 67°06'38" W, 6.00 feet; Thence N 22°53'22" E, 26.99 feet; Thence N 67°06'38" W, 111.61 feet to the easterly right-of-way line of said N. Webb Way and the beginning of a non-tangent curve; Thence along said easterly right-of-way line and said non-tangent curve to the left an arc length of 24.65 feet, having a radius of 420.00 feet, a central angle of 03°21'48", a chord bearing of N 12°51'04" E and a chord length of 24.65 feet to the POINT OF BEGINNING. Hereinabove described Easement No. 1 contains 0.56 acres, more or less. END DESCRIPTION J-U-B ENGINEERS, Inc. This description was prepared by me or under my supervision. If any portion of this description is modified or removed without the written consent of Robert L. Kazarinoff, PLS, all professional liability associated with this document is hereby declared null and void. Robert L. Kazarinoff, PLS 4 0 44 �. 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